Sec. 5. (a) A wholesaler shall dispose of the used lead acid batteries in the wholesaler's possession by one (1) or more of the following means:
(1) Delivery to a manufacturer of lead acid batteries.
(2) Delivery to a facility that:
(A) recycles lead acid batteries; or
(B) collects lead acid batteries for delivery to a recycling facility.
(3) Delivery to a facility operated as a secondary lead smelter under a valid permit issued by the department or the United States Environmental Protection Agency.
(b) A person who violates this section commits a Class C infraction.